Babbi Kumar @ Babbi Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55529 of 2023 Arising Out of PS. Case No.-257 Year-2021 Thana- BAISI District- Purnia ====================================================== BABBI KUMAR @ BABBI ROY Son of Udesh Yadav RESIDENT OF VILLAGE CHOCHAHI BHARPURA PS BIBHUTIPUR DIST SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 272, 273 of the Indian Penal Code & under Section 30 (a), 41, 47 of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 630 liters of illicit liquor has been recovered from a Bolero vehicle.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither driver nor owner of the vehicle in question.

Patna High Court CR. MISC. No.55529 of 2023(3) dt.31-08-2023 2/2

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioner has got similar criminal antecedent of two cases.

6. Considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T